§ 4-05 Permits for Construction and Demolition Debris Transfer Stations.
RCNY § 4-05
(a)For the purposes of this section, "transfer station" shall mean a construction and demolition debris transfer station, unless otherwise specified, and each such transfer station shall obtain a permit pursuant to this section.
(b)An application for a permit or renewal thereof to operate a transfer station shall include: (1) Copies of all materials submitted to the New York State Department of Environmental Conservation in connection with the transfer station's application for any permit required pursuant to Title six of NYCRR Part 360 or its successor, including but not limited to an application for an initial permit to construct and/or operate, or an application to modify or renew a permit, or if no such permit is required pursuant to Title six of NYCRR Part 360 or its successor, copies of all materials submitted to the New York State Department of Environmental Conservation in connection with a registration or an exception pursuant to Title six of NYCRR Part 360. If the copy of the site plan submitted to the New York State Department of Environmental Conservation does not so indicate, or if no site plan was required to be submitted to the New York State Department of Environmental Conservation, a site plan shall be submitted indicating: the transfer station's tax block and lot number; property boundaries, including a metes and bounds description of the property consistent with the deed submitted pursuant to paragraph (10) of this subsection; zoning district; borough; the locations of fences, gates, entrances and exits, parking spaces and truck spaces where transport vehicles may wait prior to their deposit or removal of solid waste; and the location and dimensions of each area where non-putrescible solid waste shall be received, processed and stored; (2) a written statement by a registered architect or licensed professional engineer certifying that: (i) As designed, the transfer station is capable of complying with the applicable performance standards of the Zoning Resolution of the City of New York and the applicable provisions of the New York City Health Code, including but not limited to 24 RCNY Health Code Articles 135 and 141; (ii) A system for the sanitary disposal of sewage and waste water has been installed at the transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of sewage and waste water; (iii) The transfer station is capable of complying with all the requirements of 16 RCNY § 4-06; (iv) Any necessary ventilation equipment has been installed; (v) Cross connection control has been provided to ensure that waste water does not mix with the drinking water supply; (vi) There is sufficient space at the transfer station for the largest anticipated transport vehicle to safely enter and exit the transfer station; (vii) Transport vehicles may enter and exit the transfer station via lawful truck routes; (viii) There is adequate ingress and egress at the transfer station to accommodate emergency vehicles; and (ix) There is adequate ingress and egress at the transfer station to facilitate the complete inspection of the transfer station.
(3)(i) A map describing not less than one square mile of the area surrounding the proposed transfer station, clearly marking the lawful truck routes where transport vehicles may transport solid waste into and out of the transfer station, and connecting roadways permitted to be used by transport vehicles, as certified by a registered architect or licensed professional engineer in subparagraph (vii) of paragraph (2) of this subsection; and (ii) the estimated number and type of transport vehicles to be used, and the daily, weekly and monthly number of vehicle arrivals and departures at the transfer station.
(4)A certified copy of a Certificate of Occupancy or, where applicable, a temporary Certificate of Occupancy, from the Department of Buildings of the City of New York, indicating the appropriate Use Group pursuant to the Zoning Resolution of the City of New York and, if applicable, a copy of a written variance for the zoning lot from the Board of Standards and Appeals or any successor agency; and/or a copy of a certification or authorization of the Department of Small Business Services of the City of New York; (5) A certification from a title insurance corporation, as such corporation is defined in § 6401 of the Insurance Law, or from a duly authorized agent thereof, establishing the ownership of the property upon which the transfer station is sited or proposed to be sited; (6) Documentary evidence demonstrating that all penalties, including those of the Environmental Control Board, imposed upon the applicant, the property owner, and any other person in control of or having an interest in the transfer station operation, for violations of 24 RCNY Health Code Article 157, or Title 16, Title 17, Chapter 1 of Title 16-A, Chapter 1 of Title 26 and Title 27 of the Administrative Code of the City of New York, or rules promulgated thereunder, that relate to the ownership or operation of a non-putrescible solid waste transfer station, putrescible solid waste transfer station, dump or fill material operation, have been paid or otherwise satisfied; (7) Documentary evidence demonstrating that all fees due the Department of Sanitation for use of Department disposal facilities and/or for Department disposal services from the applicant, the property owner, and any other person in control of having or having an interest in the transfer station, have been paid or otherwise satisfied; (8) Proof of workers' compensation coverage, or that the applicant is exempt from Workers' Compensation Law § 57, and proof of disability benefits coverage, or that the applicant is exempt from Workers' Compensation Law § 220, Subdivision 8 (Disability Benefits Law); (9) A written and notarized acknowledgement by the applicant and, if different from the applicant, the fee owner of the real property, that the applicant and/or fee owner may be held primarily liable by the City of New York for the removal of all solid waste and any other material from the transfer station; (10) A certified copy of the deed, as recorded in the office of the City Register or, in Richmond County, the County Clerk, setting forth a metes and bounds description of the property, and, if applicable, a copy of the lease or sublease or a certified copy of the lease or sublease if such lease or sublease is recorded, for the premises at which the transfer station is located or proposed to be located. The permittee shall notify the Commissioner within ten business days if the ownership of the property has changed or any other conveyance of title has taken place. Any new acknowledgements required pursuant to paragraph (9) of this subsection shall be provided simultaneously; (11) A copy of all permits or other authorizations to construct or operate required under local and state laws and regulations, including the New York State Environmental Conservation Law and Title six of the NYCRR or its successor; (12) A surety bond or an irrevocable letter of credit in a sum to be determined by the Commissioner of Sanitation. This sum shall not exceed the estimated cost to the Department of the removal of all solid waste and material defined in paragraph (b) of the definition of "solid waste" set forth in 16 RCNY § 4-01, from the transfer station, in the event that such removal becomes necessary and the permittee fails to remove such solid waste and material. A bond shall be executed by the applicant and a surety authorized to conduct business within the State of New York and approved by the Commissioner and, in the case of an irrevocable letter of credit, such letter of credit shall be issued by a financial institution authorized to conduct business within the State of New York. Such bond or letter of credit shall name the Department as obligee. The face amount of the bond or letter of credit shall be based on the size of the transfer station and the volume and nature of the material to be removed. The Commissioner of Sanitation may from time to time review the adequacy of such surety bond or letter of credit and thereafter require an applicant or permittee to obtain an increase in the amount of the bond or irrevocable letter of credit not to exceed the estimated cost of the removal of such solid waste and material. The Commissioner may authorize an applicant to provide other security, including cash, if the Commissioner finds that compliance with the bond or letter of credit requirement is not reasonably possible and the public interest would be served by such authorization. A surety bond issued pursuant to this subsection shall not expire until six months have elapsed after the revocation, surrender, expiration or other termination of the permit; (13) The names, addresses, and dates of operation of any solid waste management facility or related businesses, currently or previously owned or operated by the applicant, or any principal of the applicant, such as private carting companies, other types of non-putrescible solid waste transfer stations, and putrescible solid waste transfer stations, whether or not located in New York City; (14) The applicant's business address and telephone number. If the applicant is a corporation, the application must (1) state the names and home and business addresses of the principals of the corporation; (2) contain the signature of a corporate officer; (3) have the corporate seal impressed thereon; and (4) include a copy of the New York State corporation filing receipt. If the applicant is a partnership, the application must (1) state the names and home and business addresses of all partners; (2) include a copy of the partnership papers, certified by the County Clerk. If the applicant is required to file a certificate pursuant to § 130 of the General Business Law, a certified copy of such certificate shall be submitted to the Department. The applicant shall also submit the names and addresses of all persons or entities, other than a financial institution licensed to do business in the state of New York, to which the applicant is indebted in an amount equal to or greater than three thousand dollars ($3,000). The permittee shall have the continuing duty to inform the Department of Sanitation of any changes in the principals of the business entity owning or operating the transfer station. For purposes of this subparagraph, "principal" includes, but is not limited to, any director, officer (for example, president, vice-president, secretary, treasurer, board chairman, chief executive officer) or partner of a business entity, and shall include any shareholder (including another business entity) who owns ten percent or more of any class of issued company stock; (15) The types of non-putrescible solid waste, in addition to construction and demolition debris, that will be received, processed and stored at the transfer station; (16) The total volume of each type of non-putrescible solid waste, as well as the total aggregate volume of non-putrescible solid waste, to be present at the transfer station at one time; and (17) At the request of the Commissioner, the applicant shall supply any additional information that is reasonably necessary to clarify that the transfer station is capable of complying with 16 RCNY § 4-06.
(c)Any initial application for a transfer station permit shall include all documentation required pursuant to this section in one single package. This package shall constitute the transfer station permit application.
(d)A permit to operate a transfer station shall not be issued by the Commissioner unless the applicant has submitted a complete application.
(e)Review of any application submitted pursuant to this section may be suspended or terminated if the transfer station applicant is found to be operating any facility required to be permitted pursuant to § 16-130 of the Administrative Code of the City of New York without a permit therefor or in violation of any such permit.
(f)A permit issued pursuant to this section shall be for a term not to exceed one year, and shall specify the volume of each type of non-putrescible solid waste permitted to be received, processed and stored by the transfer station.
(g)The annual fee for a permit issued pursuant to this section shall be seven thousand dollars ($7,000).
